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Is video admissible in family court for pleading my case with regards to child custody?
Anonymous2 views3 answers
On several occasions my X(has custody of our 4yr old) has had domestic disputes that have resulted in law enforcement & dcf visits with out any "findings". Out of some of these occasions my four year old has had to come with me or has gone to live temporarily with her grandmother and her mother. I brought my x to court on suspected drug use and domestic violence issues in her home but was unsuccessful presenting my case as I did not have counsel. I feel frustrated because I know my daughter is not in a stable environment and I have police records and more to back it but seemingly no one to help. I am looked at as if I have an agenda rather then being labeled a concerned dad. I have video footage of my daughter describing a day at her moms pretty damaging can this be used in court?
Probably not. A person's testimony given out of court, offered to prove the truth of the matter asserted, is hearsay, and is usually not admissible as evidence. To admit your daughter's testimony, she would have to be present in court, and subject to cross-examination.
However, state law is full of exceptions to this rule, especially with respect to children and allegations of abuse. You should talk to an attorney who is licensed to practice in your state - in private - to advise you on how to proceed in what sounds like a complex and contested case.
Todd Allen DavidsonFamily Law AttorneyPlainville, MA ·
Bring your child to a pediatrician, therapist, or another mandatory reporter. As your police reports were "without and findings," they probably will not be useful evidence. If you were to present a video of your 4 year old in court saying bad things about your ex, it would show poor judgment on your part and it will appear that you are "coaching" your 4 year old (which would severely hurt your case). It also would not be admissible because as a witness, it would not be appropriate for your ex to cross-examine your child.
I strongly recommend that you consult with a couple of family law attorneys. Many family law attorneys offer free 1/2 hour consultations or 1 hour consultations so that you can present a more appropriate case to the court.
The admissibility depends on the discretion of the judge. However, you should be very careful. In Massachusetts, you cannot record someone's voice without their express knowledge and consent. Be careful.
